Uber loses appeal as top Swiss court rules company is an employer
reuters.com
reuters.com
The union estimates the total amount owed to drivers and state is around 500 million to 1 billion Swiss Francs. The Unia union is now urging other Kantons to join Geneva as the courts have ruled with in the next three months.
[1] https://www.srf.ch/play/tv/redirect/detail/fcd14ac8-d82e-45d...
Uber came from a very American context where there was an extremely exploitative and shady business model around taxis. Pre-Uber, either the driver rented the car to a middleman who rented the medallion from a rich owner, or said owner was selling and financing (most banks won't touch these medallions!) a medallion at a ridiculous interest rate to a driver that planned to use it as his retirement savings (an extremely volatile asset and not very liquid).
The more I spoke to cab drivers the more it seemed their industry was a pyramid scheme aimed at helping established rent-seeker take advantage of often poor new immigrants. Uber brought a breeze of fresh air: Someone could simply buy a car, calculate the depreciation and it's value on the market (since unlike medallions cars are relatively liquid assets!) do rideshare and calculate their profits or loss. They can get out of the game at anytime, and they know exactly how much they are going to get for the car they have should they sell it.
And I'm not even touching the usual pain points and often discriminatory practices of medallion drivers (refusing card payments, refusing rides to non-white passengers and to non-white neighborhoods...).
If that's the case, it shouldn't exist in the first place.
Transport and driving is a high competition, low margin business, similar to say the restaurant industry. Putting a smartphone app on top of that economy doesn't change that fact. (the only thing that would turn it into an actual high margin technology business is full self-driving, which is why Uber itself once considered this it's 'only path to profitability').
At least in Germany the taxi apps are so crappy that you still need to call for a taxi most of the time, you then don't have a map where they know where to find you and you know where they are.
Uber has that but no/few drivers in my area. I would use Uber if they had drivers, even if it was the same price as the taxis.
Taxi companies cannot compete with Uber not just because of subsidies, but because their apps, experience, UI, all suck. They suck because they are doing by hand manually what Uber et al does with software. Look how universally reviled taxi companies are.
If Uber is losing money it's because they are willfully pouring money into unrelated things not part of the unit economics of fulfilling rides (such as R&D into self-driving cars, upgrades to their tech stack or infrastructure, new feature development, etc). Part of raising money means you have to spend it, and actually booking losses is a great tax minimization strategy as well. Better to give out rider and customer incentives and lose money that way than losing it by giving it to Uncle Sam.
https://www.nytimes.com/2022/05/04/business/uber-earnings-re...
It’s only “approaching” cash flow break even and that’s after diluting existing shareholders by offering stock based compensations. Most profitable companies would institute share buybacks to counteract dilution.
You don’t spend more money than you make to avoid taxes. These aren’t accounting losses.
This doesn’t even take into account that there cost for drivers are going to go up as more legislators start insisting on them giving drivers benefits.
Arguing that Uber is not profitable because it's been 13 years is not a valid argument. They could spend and invest more than they make indefinitely if they wanted to, and it wouldn't affect their unit economics or their potential profitability. Yes, their investment in Uber eats paid off enormously. They were subsidizing Uber Pool rides because there is still an enormous market that supports multiple big ride sharing companies (Lyft, Uber, Didi, Grab, etc) and because they could afford to spend in marketing and subsidization.
Once the heat turns down they may subsidize less, maybe even wind down engineering / product development spend, and they'd have a fundamental product that has better unit economics than a traditional taxi cab company... because again, as I have pointed out repeatedly, their engineering staff is not required to support the operation of their ride service.
[0] - https://arstechnica.com/tech-policy/2021/02/uk-supreme-court...
[1] - https://www.uber.com/en-GB/blog/worker-pension-scheme-faqs/
It's like when they tried to trick people into thinking that PayPal was actually a bank simply because it offers banking services. Good thing they sorted that out or you'd probably end up with FDIC insurance on your deposits.
Swiss citizens are also not immune to culture war. The burqa ban literally was only going to impact ~50 people in the entire country and they spent that much money and time discussing this.
Switzerland hasn't been targeted by big business interests as much to sway their votes. The second they are it's gonna turn into chaos just like other places.
Please bear in mind Geneva is tiny, albeit cosmopolitan place - only around 200k people live in Geneva city. So you can't expect same service density as ie NY or London.
Most people, including myself, seem to be under the impression that if they are employees then Uber dictates how much they have to drive which drivers seem to not want. At least drivers I've spoken to in the states.
But this has nothing to do with any statutory relationship, beyond possible overtime rules. Employees could also be structured as such.
You're...really naive. They're telling you that because they need as close to a perfect rating as they can get or they risk being booted. Or they fear you're a 'mystery shopper.'
Do you ask service workers "So, your boss a good boss?" or "Is this a good place to work?"? If so, please don't. It was easily the most infuriating thing customers did when I was working a service job.
Edit: just to add on:
One, every person answers the same, which should be a warning sign on its own. It just so happens to be Uber's line. Warning sign.
Two, the nicest thing they can find to say is "flexible hours." Another warning sign.
Three (related): guess what is the hallmark of a shitty job listing? "Flexible hours."
Constant doctor appointments, pain, and medication side effects made a normal schedule impossible. Family would have gone homeless without the flexibility.
Whatever else can be said about them. I am grateful.
Pro tip. If you get injured. Get a lawyer right away to deal with disability companies. They will lie and screw you over.
Companies have been fighting since time immemorial to push risk and costs onto their workers — it's why hard-won employment law exists in the first place. The gig economy is in large part fueled by employer backlash to employment law.
I get some of the drawbacks to gig-based work, but I think you have to realize that it does enable options that wouldn't exist in traditional employment scenarios, and SOME of the risk does remain with the contractor. No, I'm not saying Lyft has no responsibility in any situation, but getting into a garden-variety accident while on the road definitely sounds like a situation that's within the envelope of known risks when you decide to do this kind of thing on a gig basis.
That sounds terrible, I'm sorry you had to go through this. In normal countries ( like the ones saying Uber should treat their employees as employees) you'd get sick leave/disability to leave you focusing on getting better, not worrying about putting food on the table.
Lesson learned, get a lawyer at the start.
This is a legal issue, a burden which falls to legislators and their constituents.
There are plenty of drivers willing to drive under the current arrangement because they don’t have a choice: if you offered them the same flexibility but with the benefits of employment, they would of course take it.
This is of course absurd. Every driver has a choice to work for Uber, or to do something else. And they chose to work for Uber.
It’s not economic because these people are willing to work for Uber under this arrangement, despite having alternatives, and Uber is willing to pay them for services rendered under this arrangement. The economic problem is solved. The government has decided to step in and say that two consenting parties should not be able to engage in this.
It's similar to the role of tips in the US. According to everyone on Reddit, tips are evil and a way for restaurants to get away with underpaying servers. Everyone says this ... except the actual servers themselves, who prefer the current system because they end up making more than they would from a straight salary.
But other markets like freight brokers have the same behavior I believe, and no one is saying truckers are employees of Convoy.
It would be interesting to consider what would need to change for Uber drivers to be clearly considered as contractors.
Not a lawyer, but I imagine things like that might make it hard or impossible for drivers to work with other "customers" apart from Uber. This condition - being self-employed on paper but in practice being completely dependent on a single corporate customer - was termed Scheinselbstständigkeit in Germany and made illegal. Maybe Swiss are using a similar approach here.
To my knowledge, Ryanair tried a similar businesses model about a decade ago, basically saying their pilots were independent contractors when in practice they were unable to work for anyone else but Ryanair.
Edit: What I would find interesting is if Uber could claim they are operating a franchise. After all, the degree of micromanagement that is tolerated between franchisers and franchisees seems to be higher than between contractors and customers - see e.g. fast-food chains. (Not that i'd like Uber to use that loophole though, just curious if this would work)
- leverage and autonomy in all aspects
- multiple, changing sources of income
- a personal brand to some degree
The last point doesn't have to be a full marketing budget, it can be very informal.
At one point I became the only driver in a city, and the only place accepting orders was McDonalds. So every 20 minutes I was back again for another pickup. Both me and workers found it hilarious.
Being able to put no-go zones would have been awesome. Some Country clubs and many apartments take way to long.
As of last summer this was not true where I was, besides pay rate per mile and hour.
It seems clear to me that using Upwork doesn't change whether a particular job you farm out is a contract job or employee job. Your primary relationship as a buyer is with the seller (the freelancer).
It's more murky with Uber but it would be nice to have a clearer "test" to understand what makes Uber an employer vs a contract facilitator.
Uber and the like did successfully convince the electorate to specifically exempt rideshare and delivery from the test, though.
What makes Convoy not in the business of transportation, while Uber is?
What would Uber need to change to be treated like Convoy?
The issue is that employer can't just ignore the taxes, pensions, fees and such in relationship where employer clearly isn't in contractor like position.
Cutting costs in shipping and having your drivers entirely managed by algorithms might result in an anxious person throwing your packages on your doorstep or scraping your driveway with their truck. You can return packages at least.
Cutting costs on a taxi service get a bit frightening when you think about it. The person you're trusting your life to could be anyone that convinced an algorithm to hire them for the least amount of money possible.
They do into SF.
Most get back on their feet and leave after a couple of years. Those with more serious issues, continue to struggle, stay and aggregate. It's definitely not a good situation, but it's far bigger than SF, let alone the classification of Uber drivers as gig workers.
I know, but, a friggin 1 billion fine? They're most likely just pulling out of Switzerland altogether.
It's still a thing they have to pay to the government.
Jeez.
* a fuckton of gold/money dripping in Jewish blood (like Nazi gold sourced from the ashes of incinerated Jews, or Jewish-owned accounts that could not be accessed by relatives of those exterminated by Nazis because of "our very strict banking privacy laws".) After the war, the allies let them keep two thirds of the money/gold they had banked for the Nazis.
* serving as a tax shelter for the world's wealthy
* providing banking services to dictators, drug lords, and weapons traffickers (among other things they tend to have poor life expectancy or otherwise become unable to access their funds...which is convenient, again, with strict banking privacy laws.)
* keeping out all those poor, smelly immigrants and refugees that other countries accept because unlike the Swiss, they actually believe in humanitarian duties and obligations to humanity. Never contributing to peacekeeping operations. Never providing foreign aide to poorer/less developed countries.
Say what you will, but the opposite only benefits Uber shareholders.
Hence rules like this.